Davis, Michael --- "Indigenous Rights in Traditional Knowledge and Biological Diversity: Approaches to Protection" [1999] AUIndigLawRpr 40; (1999) 4(4) Australian Indigenous Law Reporter 1
[1]This paper is substantially based on a consultancy report to IP Australia, completed in 1998.
The author would like to thank IP Australia for permission to use that report as the basis for this article, and is especially grateful to Sue Farquhar of IP Australia for her support for that project and for her encouragement for the revised version. Discussions with other staff at IP Australia on an early draft also enabled the author to substantially enhance the final consultancy report. This paper has benefited from discussions with Donna Craig, and from the comments of an anonymous reviewer. The ideas and opinions expressed in this paper are, however, those of the author, and do not represent those of IP Australia or any of the author’s employers, present or past.
[2] Michael Davis is a researcher and policy specialist with a particular interest in indigenous rights in traditional knowledge and intellectual property. He currently works with the Aboriginal and Torres Strait Islander Commission in Canberra.
[3] See for example A. B. Cunningham, ‘Indigenous knowledge and biodiversity: Global commons or regional heritage?’, Cultural Survival Quarterly, Vol 15, No 3, Summer 1991, pp. 4-8.
[4] See Josephine Axt, M. Lynne Corn, Margaret Lee, and David Ackerman, Biotechnology, Indigenous Peoples, and Intellectual Property Rights, Report for Congress, Congressional Research Service, Washington, DC, USA, April 16, 1993, Andrew Gray, Between the Spice of Life and the Melting Pot: Biodiversity Conservation and its Impact on Indigenous Peoples, IWGIA Document 70, Copenhagen, Netherlands, August 1991.
[5] See for example Nancy M. Williams and Graham Baines, eds, Traditional Ecological Knowledge: Wisdom for Sustainable Development, Centre for Resource and Environmental Studies, Australian National University, 1993.
[6] See UNEP, Convention on Biological Diversity, Subsidiary Body on Scientific, Technical and Technological Advice, Second Meeting, Montreal, 2-6 September 1996, ‘Knowledge, innovations and practices of indigenous and local communities’, Note by the Secretariat, UNEP/CBD/SBSTTA/2/7, 10 August 1996; UNEP, Convention on Biological Diversity, Conference of the Parties to the Convention on Biological Diversity, Third Meeting, Buenos Aires, Argentina, 4-15 November 1996, ‘Knowledge, innovations and practices of indigenous and local communities: Implementation of Article 8(j)’, Note by the Executive Secretary, UNEP/CBD/COP/3/19, 18 September 1996.
[7] See for example Donna Craig, ‘Implementing the Convention on Biological Diversity: Indigenous peoples’ issues’, Contribution to IUCN Commission on Environmental Law, Technical Paper on Legal and Institutional Issues Arising from the Implementation of the Convention on Biological Diversity, presented to the Regional Conference on the Biodiversity Convention, Manila, 6-8 June, 1994; Lyle Glowka, Francoise Burhenne-Guilmin and Hugh Synge, in collaboration with Jeffrey A. McNeely and Lothar Gundling, A guide to the Convention on Biological Diversity (Environmental policy and law paper no.30), IUCN, Gland, Switzerland, 1994.
[8] See for example the introduction by the Philippines of a law, Executive Order No. 247, which regulates the research, collection and use of biological and genetic resources. This is discussed below.
[9] Donna Craig, ‘Implementing the Convention on Biological Diversity: Indigenous peoples’ issues’, Contribution to IUCN Commission on Environmental Law, Technical Paper on Legal and Institutional Issues Arising from the Implementation of the Convention on Biological Diversity, presented to the Regional Conference on the Biodiversity Convention, Manila, 6-8 June, 1994; Lyle Glowka, Francoise Burhenne-Guilmin and Hugh Synge, in collaboration with Jeffrey A. McNeely and Lothar Gundling, A guide to the Convention on Biological Diversity (Environmental policy and law paper no.30), IUCN, Gland, Switzerland, 1994.
[10] Commonwealth of Australia, National Strategy for the Conservation of Australia’s Biological Diversity, 1996, p 14.
[11] See for example, Howard Morphy, ‘“Now you understand”: an analysis of the way Yolngu have used sacred knowledge to retain their autonomy’, in Nicholas Peterson and Marcia Langton (eds), Aborigines, land, and land rights, Australian Institute of Aboriginal Studies, Canberra, 1983, pp 110-133.
[12] Henry T. Lewis, ‘Traditional ecological knowledge: some definitions’, in Nancy M. Williams and Graham Baines, op cit.
[13] On discourses of dispossession in Western legal and political terminology, see for example Michael Davis, ‘Competing Knowledges? Indigenous Knowledge Systems and Western Scientific Discourses’, Paper presented to conference Science and Other Knowledge Traditions, James Cook University, Cairns, 23-27 August 1996.
[14] Eugene Hunn, ‘What is traditional ecological knowledge?’, in Nancy M. Williams and Graham Baines, op. cit, pp 13-15.
[15] Mabo and Ors v State of Queensland (No. 2) [1992] HCA 23; (1992) 107 ALR 1.
[16] Op cit at 42.
[17] See Greg McIntyre, ‘Proving native title’, in Richard H. Bartlett and Gary D. Meyers, eds, Native title legislation in Australia, The Centre for Commercial and Resources Law, The University of Western Australia and Murdoch University, Perth, Western Australia, 1994, pp 129-131.
[18] Ibid, p 156, quoting Kent McNeil, Common law Aboriginal title, Clarendon Press, Oxford, 1989, p 201.
[19] David Bennett, ‘Native Title and Intellectual Property’, In Paul Burke, ed, Land, rights, laws: issues of native title, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra, Native Titles Research Unit, Issues Paper No.10, April 1996.
[20] Ibid.
[21] Desmond Sweeney, ‘Fishing, hunting and gathering rights of Aboriginal peoples in Australia’, UNSW Law Journal, Vol 16, No 1, pp 97-160 at p 103.
[22] The relationship between hunting, fishing and gathering, and customary law is discussed in M. Fisher, Aboriginal customary law: the recognition of traditional hunting, fishing and gathering rights, Australian Law Reform Commission, Research Paper No. 15, May 1984.
[23] Mabo and Ors V State of Queensland (No 2) (1992) 107 ALR at 83.
[24] Ibid.
[25] Sweeney, op cit., p 104.
[26] Sweeney, op cit, p 104, note 36.
[27] Ibid, p 104.
[28] Gary D. Meyers, ‘Aboriginal rights to the “profits of the land”: the inclusion of traditional fishing and hunting rights in the content of native title’, in Richard H. Bartlett and Gary D. Meyers, eds, Native Title Legislation in Australia, The Centre for Commercial and Resources Law, The University of Western Australia and Murdoch University, Perth, Western Australia, 1994, p 215.
[29] Ben Ward on Behalf of the Miriuwung and Gajerrong People V State of Western Australia & Ors (1998) 1478 FCA.
[30] Ibid at 13.
[31] John Bulun & Anor V R & T Textiles Pty Ltd, Unreported, FCA, 3 September 1998. See also Martin Hardie, 'The Bulun Bulun Case', Indigenous Law Bulletin, Vol 4, Issue 16, (November 1998), pp 24-26.
[32] Preamble and s 21.
[33] There is a large and growing literature on regional agreements. See for example Terry Fenge, Political Development and Environmental Management in Northern Canada: The Case of the Nunavut Agreement, North Australia Research Unit Discussion Paper No. 20 (October 1993), North Australia Research Unit, Australian National University, Canberra, 1993; Benjamin J. Richardson, Donna Craig and Ben Boer, ‘Indigenous Peoples and Environmental Management: A Review of Canadian Regional Agreements and their Potential Application to Australia’, Environmental and Planning Law Journal, Part I, Vol. 11, No 4 (August 1994), pp 320-343; Benjamin J. Richardson, Donna Craig and Ben Boer, ‘Indigenous Peoples and Environmental Management: A Review of Canadian Regional Agreements and their Potential Application to Australia’, Part II, Environmental and Planning Law Journal, Vol 11, No 5 (October 1994), pp 357-381; Benjamin J. Richardson, Donna Craig and Ben Boer, Regional Agreements for Indigenous Lands and Cultures in Canada: A Discussion Paper, North Australia Research Unit, The Australian National University, Darwin, 1995; Peter Jull and Donna Craig, ‘Reflections on Regional Agreements: Yesterday, Today and Tomorrow’, Australian Indigenous Law Reporter, Vol 2, 1997, pp 465-493; Patrick Sullivan, ‘Regional Agreements in Australia: An Overview Paper’, Land, Rights, Laws: Issues of Native Title (Editor: Anne Pyle), Issues Paper No 17, Native Titles Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra, April 1997; Justice Robert French, ‘Local and Regional Agreements’, Land, Rights, Laws: Issues of Native Title (Editor: Anne Pyle), Regional Agreements Paper No. 2, Native Titles Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra, August 1997; D. E. Smith, ‘Indigenous Land Use Agreements: New Opportunities and Challenges under the Amended Native Title Act’, Land, Rights, Laws: Issues of Native Title (Editor: Lisa Strelein), Regional Agreements Paper No 7, Native Title Research Unit, Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra, December 1998.
[34] Commonwealth-State Working Group on Access to Australia’s Biological Resources, Managing Access to Australia’s Biological Resources: Developing a Nationally Consistent Approach, Discussion Paper, October 1996.
[35] See for example Michael Davis, ‘Competing Knowledges? Indigenous Knowledge Systems and Western Scientific Discourses’, Paper presented to conference Science and Other Knowledge Traditions, James Cook University, Cairns, 23-27 August 1996; Neil Lofgren, ‘Common Law Aboriginal Knowledge’, Aboriginal Law Bulletin, Vol 3, No 77, December 1995, pp\ 10-12; Deborah Bird Rose, ‘Exploring an Aboriginal land ethic’, Meanjin, 3, 1988, pp 379-387; Helen Verran, ‘Imagining ownership: Working disparate knowledge traditions together’, Republica, Vol 3, ed, George Papaellinas, Angus and Robertson, Sydney, 1995, pp 100-107; Amanda Pask, ‘Cultural appropriation and the law: An analysis of the legal regimes concerning culture’, Intellectual Property Journal, Vol 8, No 1, December 1995, pp 57-86.
[36] See for example Sarah Lee Pinel and Michael J. Evans in Tom Greaves, ed, Intellectual Property Rights, A Sourcebook, Society for Applied Anthropology, Oklahoma City, USA, 1994, pp 51-53; Darrell A. Posey, ‘International agreements and intellectual property right protection for Indigenous peoples’, in Tom Greaves, ed, p 236.
[37] In this author’s view use of the term ‘copyright’ or ‘intellectual property’ to denote indigenous rights in innovation and knowledge is misleading, since the subject matter that indigenous peoples wish to protect that is often labelled ‘intellectual property’ comprises a wider range, and is a more ‘holistic’ category than that protected under Western IPR systems. Moreover, indigenous rights in traditional knowledge are embedded in a system of integrated and inter-related rights that include land, culture and cosmology. Recognition and protection of this system of rights therefore requires a different philosophical approach founded on an indigenous law system, rather than one based on ‘copyright’. I am grateful to Donna Craig for helping me to clarify some of my thoughts about these aspects of indigenous rights.
[38] Erica-Irene Daes, Study on the Protection of the Cultural and Intellectual Property of Indigenous Peoples, E/CN.4/Sub.2/1993/28 July 1993; also see Tom Greaves, ‘Introduction’ in Greaves, Tom, ed, Intellectual Property Rights for Indigenous Peoples: A Sourcebook, Oklahoma City, USA, Society for Applied Anthropology, 1994, p ix.
[39] Daes, op cit, pp 31-32.
[40] United Nations Economic and Social Council, Commission on Human Rights, Sub-Commission on the Prevention of Discrimination and the Protection of Minorities, Forty-sixth session, Discrimination Against Indigenous Peoples, Intellectual Property of Indigenous Peoples: Concise Report of the Secretary-General, E/CN.4/Sub. 2/1992/30, 6 July 1992, p 2.
[41] The term ‘folklore’ has been used in the development of standards by UNESCO and WIPO (World Intellectual Property Organization) for the protection of intangible cultural heritage. More recently, however, UNESCO has begun to acknowledge that indigenous and local peoples do not wish this term to be used to denote their heritage. This acknowledgement was explicitly articulated in a statement from the UNESCO/Smithsonian Conference on Traditional Knowledge and Folklore held in Washington D.C. on 27-30 June 1999. For a discussion of indigenous, and non-indigenous discourses and the role of terminology, see Michael Davis, ‘Competing knowledges?’, op cit.
[42] I am indebted to Donna Craig for helping me clarify some of these thoughts.
[43] For discussions of common property and resource ownership see James Boyle, Shamans, Software and Spleens: Law and the Construction of the Information Society, Harvard University Press, Cambridge Massachusetts, and London, 1996; A. B. Cunningham, ‘Indigenous knowledge and biodiversity: Global commons or regional heritage?’, Cultural Survival Quarterly, Vol 15, No 3, Summer 1991, pp 4-8; and various papers in Peter Larmour, ed, The Governance of Common Property in the Pacific Region, National Centre for Development Studies, Pacific Policy Paper 19, and Resource Management in Asia-Pacific, Research School of Pacific and Asian Studies, the Australian National University, Canberra, 1997.
[44] Tom Greaves, ‘Introduction’ in Greaves, Tom, ed, Intellectual Property Rights for Indigenous Peoples: A Sourcebook, Oklahoma City, USA, Society for Applied Anthropology, 1994, p ix.
[45] Ibid.
[46] See for example Henrietta Fourmile, ‘Using Prior Informed Consent Procedures Under the Convention on Biological Diversity to Protect Indigenous Traditional Knowledge and Natural Resource Rights’, Indigenous Law Bulletin, Vol 4, Issue 16 (November 1998), pp 14-17.
[47] Greaves, op.cit, p ix.
[48] Ibid, footnote 1.
[49] Ibid.
[50] Daes, op cit, pp 31-32.
[51] World Intellectual Property Organisation (WIPO), Introduction to Intellectual Property: Theory and Practice, Kluwer Law International, London, The Hague and Boston, 1997, pp 3-5.
[52] For a brief indication of this range of views see Tony Simpson, Indigenous Heritage and Self-Determination: The Cultural and Intellectual Property Rights of Indigenous Peoples, Document – IWGIA No. 86, Copenhagen, 1997; Gurdial Singh Nijar, In Defence of Local Community Knowledge and Biodiversity: A Conceptual Framework and Essential Elements of a Rights Regime, Third World Network, Paper 1, Penang, Malaysia, 1996; Cultural Survival Canada, ‘Colonizing creation’, Issues Brief, Ottawa, July 1997; Gaia Foundation & GRAIN, ‘Global trade and biodiversity in conflict’, Issue No 1, April 1998; Jean Christie, ‘Biodiversity and intellectual property rights: Implications for Indigenous peoples’, Ecopolitics IX: Perspectives on Indigenous Peoples Management of environmental Resources, Northern Territory University, Darwin, 1-3 September 1995, Conference Papers and Resolutions, pp 61-77.
[53] For some discussion of the relevance of the TRIPS Agreement to indigenous rights in traditional knowledge see for example Graham Dutfield, ‘Intellectual Property Rights, Trade and Biodiversity: The Case of Seeds and Plant Varieties’, Background Paper provided for the Inter-sessional Meeting on the Operations of the Convention on Biological Diversity, Montreal, Canada, 28-30 June 1999, IUCN, June 1999; see also Darrell A. Posey and Graham Dutfield, Beyond Intellectual Property: Toward Traditional Resource Rights for Indigenous Peoples and Local Communities, International Development Research Centre, Ottawa, 1996, pp 90, 102-3.
[54] Michael Davis, Indigenous Peoples and Intellectual Property Rights, Research Paper No 20 (1996-97), Information and Research Services, Department of the Parliamentary Library, 1997; Attorney-General’s Department, Commonwealth of Australia, Stopping the Rip-Offs: Intellectual Property Protection for Aboriginal and Torres Strait Islander Peoples, Issues Paper, October 1994; Terri Janke, Our Culture, Our Future: Proposals for the recognition and protection of Indigenous cultural and intellectual property, Australian Institute of Aboriginal and Torres Strait Islander Studies, 1997; Ian McDonald, Protecting Indigenous Intellectual Property: A Copyright Perspective, Australian Copyright Council, March 1997.
[55] For a discussion of IPR more generally as these relate to indigenous peoples see for example Michael Davis, Indigenous Peoples and Intellectual Property Rights, op cit.
[56] Under s 4 of the Patents (World Trade Organization Amendments) Act 1994 (Cth).
[57] Patents Act 1990, Schedule 1, p 97.
[62] Axt et al, op cit, pp 50-54. The discussion by these writers concerns United States patent laws, and may not be all relevant to the Australian situation. It is beyond the scope of the present paper to compare US with Australian patent systems.
[63] WIPO, Introduction to Intellectual Property: Theory and Practice, op cit, p 125.
[64] Colin Golvan, An Introduction to Intellectual Property Law, The Federation Press, New South Wales, 1992, p 82.
[65] Stephen Gray, ‘Vampires round the campfire’, Alternative Law Journal, vol 22, No 2, April 1997, p 61.
[66] See James Boyle, Shamans, Software and Spleens: Law and the Construction of the Information Society, Harvard University Press, Cambridge Massachusetts, and London, 1996.
[67] See eg Darrell A Posey and Graham Dutfield, Beyond Intellectual Property: Toward Traditional Resource Rights for Indigenous Peoples and Local Communities, International Development Research Centre, Ottawa, 1996.
[68] Christopher Arup, Innovation, Policy and Law: Australia and the International High Technology Economy, Cambridge, Cambridge University Press, 1993, p 73.
[69] Ibid, p 74.
[70] Steven M. Rubin and Stanwood C. Fish, ‘Biodiversity Prospecting: Using Innovative Contractual Provisions to Foster Ethnobotanical Knowledge, Technology, and Conservation’, Colorado Journal of International Environmental Law and Policy, Vol 5, No 1 (Winter 1994), pp 23-58 (quote, p 46).
[71] Ibid, p 46.
[72] Ibid., pp 46-47.
[73] Arup, 1993, p 64.
[74] See for example, Michael Blakeney, ‘Bioprospecting and the protection of traditional medical knowledge’, European Intellectual Property Review, Vol 19, No 6, (June 1997), pp 298-303; Michael Davis, Biodiversity and Indigenous Knowledge, Research Paper No. 17 (1997-98), Information and Research Services, Department of the Parliamentary Library, 29 June 1998; Axt et al, op cit.
[75] Josephine Axt, M. Lynne Corn, Margaret Lee, and David Ackerman, Biotechnology, Indigenous Peoples, and Intellectual Property Rights, Report for Congress, Congressional Research Service, Washington, DC, USA, April 16, 1993, p 1.
[76] Rural Advancement Foundation International, Conserving Indigenous Knowledge: Integrating Two Systems of Innovation, Ottawa, 1994, p 13.
[77] Ibid., p 13.
[78] Ibid., p 14.
[79] Vandana Shiva and Radha Holla-Bhar, ‘Intellectual piracy and the neem tree’, The Ecologist, Vol 23, No 6, (Nov/Dec. 1993), pp 223-227; Vandana Shiva, Afsar H. Jafri, Gitanjali Bedi, and Radha Holla-Bhar, The enclosure and recovery of the commons: biodiversity, indigenous knowledge and intellectual property rights, Research Foundation for Science, Technology and Ecology, New Delhi, India, 1997, pp 35-36.
[80] Vandana Shiva, Afsar H. Jafri, Gitanjali Bedi, and Radha Holla-Bhar, op cit, pp 35-39.
[81] Ibid, p 37.
[82] RAFI, op.cit., p 14.
[83] Shiva, Jafri, et. al., pp 35-36.
[84] Ibid, p 39.
[85] RAFI, op cit, p 15.
[86] The Crucible Group, People, Plants, and Patents: The Impact of Intellectual Property on Trade, Plant Biodiversity, and Rural Society, International Development Research Centre, Ottawa, 1994, p 10.
[87] Eg Darrell A Posey and Graham Dutfield, Beyond Intellectual Property: Toward Traditional Resource Rights for Indigenous Peoples and Local Communities, International Development Research Centre, Ottawa, 1996, p 80.
[88] Eg articles 1, 15, 16, 20 and 21. Lyle Glowka, A Guide to Designing Legal Frameworks to Determine Access to Genetic Resources, IUCN, Gland, Switzerland, Cambridge and Bonn, 1998, p 3.
[89] Ibid, p 15.
[90] Ibid, p 18.
[91] Ibid, p 3.
[92] Ibid, p 4.
[93] Ibid, pp 4-5.
[94] Ibid, p 8.
[95] Ibid, p 8.
[96] Ibid, p 9.
[97] Ibid; See also Henrietta Fourmile, 'Using Prior Informed Consent Procedures under the Convention on Biological Diversity to Protect Indigenous Traditional Ecological Knowledge and Natural Resource Rights', Indigenous Law Bulletin, Vol 4, No 16 (1998),p 14.
[98] Glowka, op cit, p 15.
[99] Ibid, p 12.
[100] Ibid, pp 38-39.
[101] Ibid, pp 40-42.
[102] Ibid, pp 39, 42-43.
[103] UNEP, ‘Synthesis of Case-Studies on Benefit-Sharing’, Note by the Executive Secretary, Conference of Parties to the Convention on Biological Diversity, Fourth Meeting, Bratislava, 4-15 May 1998, UNEP/CBD/COP/4/Inf.7, 4 May 1998.
[104] There is an extensive literature on the Merck/INBio Agreement. See for example, Axt et al, op cit, Caroline Oddie, ‘Bio-prospecting’, Australian Intellectual Property Journal, Vol 9, No 1 (February 1998), pp 6-20; Walter Reid, et al, (eds), Biodiversity Prospecting: Using Genetic Resources for Sustainable Development, World Resources Institute, USA, 1993.
[105] Oddie, op cit, p 19.
[106] Maurice Iwu and Sarah Laird, ‘The International Cooperative Biodiversity Group Drug Development and Biodiversity Conservation in Africa: Case Study of a Benefit-Sharing Plan’, Case Study submitted to the Secretariat of the Conference of Parties to the Conference of Parties to the Convention on Biological Diversity, February 1998.
[107] Ibid, p 19.
[108] Ibid, p 23.
[109] Ibid, p 24.
[110] Marianne Guerin-McManus, et al, ‘Bioprospecting in Practice: A Case Study of the Suriname ICBG Project and Benefits Sharing Under the Convention on Biological Diversity’, unpublished paper, 1998, p 3.
[111] Ibid, p 8.
[112] Janet McGowan and Iroka Udeinya, ‘Collecting Traditional Medicines in Nigeria: A Proposal for IPR Compensation’, in Greaves, ed, op cit, p 39.
[113] Rubin and Fish, op cit p 47.
[114] Ibid, pp 47-48.
[115] Ibid, p 48.
[116] Ibid, p 51.
[117] Henrietta Fourmile, personal conversation.
[118] Eg Articles 4, 5, 8, 13 and 23.
[119] For discussion of indigenous statements see Darrell A Posey and Graham Dutfield, Beyond Intellectual Property: Toward traditional resource rights for Indigenous peoples and local communities, International Development Research Centre, Ottawa, 1996; Darrell A Posey, Traditional Resource Rights: International instruments for protection and compensation for Indigenous peoples and local communities, IUCN, Gland, Switzerland, 1996.
[120] For a discussion of the role of these statements and declarations in international law, see Johanna Sutherland, ‘Representations of indigenous peoples’ knowledge and practice in modern international law and politics’, Australian Journal of Human Rights, Vol 2, No 1, (Dec. 1995), pp 39-57.
[121] Posey and Dutfield, op cit, esp. Chapter 11.
[122] United Nations Commission on Human Rights, Sub-Commission on the Prevention of Discrimination and Protection of Minorities, Human Rights and the Environment, Final Report by Fatma Zohra Ksentini, Special Rapporteur, E/CN.4/Sub.2/1994/9, 6 July 1994.
[123] Glowka, op cit, pp 23-71.
[124] Ibid, p 23.
[125] Ibid, p 23.
[126] Ibid.
[127] Ibid.
[128] Ibid, p 24.
[129] Ibid, p 25.
[130] Ibid.
[131] At article 6.
[132] Ibid, p 26.
[133] Posey and Dutfield, op cit.
[134] Rural Foundation International, Conserving Indigenous Knowledge: Integrating Two Systems of Innovation, Ottawa, 1994.
[135] Ibid, pp 42-46.
[136] RAFI, op cit, pp 39-54.
[137] Gurdial Singh Nijar, In Defence of Local Community Knowledge and Biodiversity: A Conceptual Framework and the Essential Elements of a Rights Regime, Third World Network, Paper 1, Penang, Malaysia, 1996.
[138] Shiva, Jafri, et. al, op cit.
[139] Commonwealth of Australia, Stopping the Rip-Offs: Intellectual Property Protection for Aboriginal and Torres Strait Islander Peoples, Issues Paper, Attorney General’s Department, Canberra, 1994.
[140] See for example Terri Janke, Our Culture, Our Future: Proposals for the Recognition and Protection of Indigenous Cultural and Intellectual Property, Discussion Paper commissioned by the Aboriginal and Torres Strait Islander Commission, Canberra, 1997.